The Transactional Side of the International Arbitration and the Role of Corporate Counsel

Jorge Perez-Vera, Senior Counsel, Total Raffinage Marketing S.A., France

In the business community, almost 100% of arbitrations are initiated by companies. For them, arbitration is clearly an appropriate way to solve disputes when breaches of contracts or treaties are evident and it is clear that the other party does not care about damage caused to the opposing company. But, even if it remains a popular choice in practice, arbitration also has limits for international business players. The mixed results of arbitration for companies arise from a number of known factors that are common in court litigation but are even more relevant in arbitration proceedings: the length of proceedings, high external expenditures, a significant amount of internal work in coordination and case strategy, a controversial interpretation of international public laws rules, the risk of annulments, and a high risk of retaliation in the event or arbitration against a government, especially in investment arbitration. Disadvantages such as procedural complexity, legal challenges to jurisdiction or competence of proceedings, unpredictability and challenges to enforceability of decisions are not specific to arbitration.

Read full paper Subscribe to the IICJ
France Arbitration Energy October 2012 Vol. 6, No. 21, Autumn 2012

Jorge Perez-Vera

More

Jorge Perez-Vera is senior in-house counsel in Total Raffinage Marketing (New business and development legal department) in Paris. In this capacity he is involved in cross-border M&A transactions and Joint Venture projects in downstream and associated disputes. As corporate counsel he has supervised international arbitration proceedings under the Rules of the ICC, NAI, SIAC and IACAC (joint ventures, corporate, oil & gas, and general commercial matters). Prior to joining Total, Jorge PEREZ-VERA acted as in-house counsel (international contracts, M&A), in RENAULT’s headquarters in Paris and also as an attorney in Gide Loyrette Nouel, He has been training adviser at the United Nations, Office of Legal Affairs, in New York. Jorge PEREZ-VERA earned his law degree from Universidad Externado de Colombia (Bogotá) in 1986, received a Master Degree (D.E.A.) in International Law and received S.J.D. International Law from University of Paris II. He is also member of the tribunal in several domestic arbitration proceedings under the rules of the Chamber of Commerce of Bogotá and is Lecturer (Energy Law, Investment Law, and Administrative Law) at the Universidad Externado de Colombia.

Total Raffinage Marketing S.A.

More

Total Raffinage Marketing manages the downstream activities of TOTAL which is one of the world's largest petroleum companies. Its activities include refining and marketing of refined products, and retail services stations.

France Arbitration Energy October 2012 Vol. 6, No. 21, Autumn 2012